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  for adoption of abandoned, surrendered, or neglected
   
 

  children are the most expeditious proceedings for the best
Metro Manila interest and welfare of the child.


  
  c    
  _
 
 ² As used in this Act, the
following terms shall mean 

Begun and held in Metro Manila, on Monday, the twenty-eight (1) Department of Social Welfare and Development
day of July, two thousand eight. (DSWD) is the agency charged to implement the
provisions of this Act and shall have the sole authority to
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  issue the certification declaring a child legally available
for adoption.
 ! c"#$%c%& "c!%%!%' ' !(" )"c!"! '
'%* +"*c" ) )","*'"! -)+). !' )"*c"  (2) Child refers to a person below eighteen (18) years of
/(%*)*"&**0,%*1*"'c)'!%'/c"c"#$%%!" age or a person over eighteen (18) years of age but is
'c )'!%' c'"")%& ")%& 'c !(% $c'" unable to fully take care of him/herself or protect
"c!% c',%%' ' c"$1*% ! ' 2 '!("c+%" himself/herself from abuse, neglect, cruelty,
3'+  !(" )'"!% )'!%' ! ' 2 c"$1*% exploitation, or discrimination because of physical or
! ' 2 4 '!("c+%" 3'+  !(" %!"c5'$!c0 mental disability or condition.
)'!%' ! '  c"%)"!%* )"c"" ' 6 
'!("c+%" 3'+  !("(%*) ) 0'$!(+"*c" ')" (3) Abandoned Child refers to a child who has no
)'c'!("c$c'" proper parental care or guardianship, or whose
parent(s) have deserted him/her for a period of at least
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three (3) continuous months, which includes a



 

  
    founding.

 

 _
 

 ² It is hereby declared the (4) Neglected Child refers to a child whose basic needs
policy of the State that alternative protection and assistance have been deliberately unattended or inadequately
shall be afforded to every child who is abandoned, attended within a period of three (3) continuous
surrendered, or neglected. In this regard, the State shall extend months. Neglect may occur in two (2) ways 
such assistance in the most expeditious manner in the interest
of full emotional and social development of the abandoned, (a) There is physical neglect when the child is
surrendered, or neglected child. malnourished, ill-clad, and without proper
shelter. A child is unattended when left by
It is hereby recognized that administrative processes under the himself/herself without proper provisions and/or
jurisdiction of the Department of Social Welfare and without proper supervision.
Development for the declaration of a child legally available

(b) There is emotional neglect when the child is
maltreated, raped, seduced, exploited,
overworked, or made to work under conditions
not conducive to good health; or is made to
beg in the streets or public places; or when
children are in moral danger, or exposed to
gambling, prostitution, and other vices.
(5) Child Legally Available for Adoption refers to a child
in whose favor a certification was issued by the DSWD
that he/she is legally available for adoption after the
fact of abandonment or neglect has been proven
through the submission of pertinent documents, or one
who was voluntarily committed by his/her parent(s) or
legal guardian.
(6) Voluntarily Committed Child is one whose parent(s)
or legal guardian knowingly and willingly relinquished
parental authority to the DSWD or any duly accredited
child-placement or child-caring agency or institution.
(7) Child-caring agency or institution refers to a private
non-profit or government agency duly accredited by
the DSWD that provides twenty-four (24) hour
residential care services for abandoned, neglected, or
voluntarily committed children.

   ² The petition shall be in the form of an
(8) Child-placing agency or institution refers to a private
non-profit institution or government agency duly
accredited by the DWSD that receives and processes
applicants to become foster or adoptive parents and
facilitate placement of children eligible for foster care
or adoption.
(9) Petitioner refers to the head or executive director of
a licensed or accredited child-caring or child-placing
agency or institution managed by the government,

local government unit, non-governmental organization,
or provincial, city, or municipal Social Welfare
Development Officer who has actual custody of the
minor and who files a certification to declare such child
legally available for adoption, or, if the child is under
the custody of any other individual, the agency or
institution does so with the consent of the child's
custodian.
(10) Secretary refers to the Secretary of the DSWD or his
duly authorized representative.
(11) Conspicuous Place shall refer to a place
frequented by the public, where by notice of the
petition shall be posted for information of any
interested person.
(12) Social Case Study Report (SCSR) shall refer to a
written report of the result of an assessment conducted
by a licensed social worker as to the social-cultural
economic condition, psychosocial background,
current functioning and facts of abandonment or
neglect of the child. The report shall also state the
efforts of social worker to locate the child's biological
parents/relatives.
 
affidavit, subscribed and sworn to before any person
authorized by law to administer oaths. It shall contain facts
necessary to establish the merits of the petition and shall state
the circumstances surrounding the abandonment or neglect
of the child.
The petition shall be supported by the following documents 
(1) Social Case Study Report made by the DSWD, local
government unit, licensed or accredited child-caring or

child-placing agency or institution charged with the
custody of the child;
(2) Proof that efforts were made to locate the parent(s)
or any known relatives of the child. The following shall
be considered sufficient 
(a) Written certification from a local or national
radio or television station that the case was
aired on three (3) different occasions;
(b) Publication in one (1) newspaper of general
circulation;

 _
 
=
The Regional Director shall examine the petition and its
supporting documents, if sufficient in form and substance and
shall authorize the posting of the notice of the petition
conspicuous place for five (5) consecutive days in the locality
where the child was found.
The Regional Director shall act on the same and shall render a
recommendation not later than five (5) working days after the
completion of its posting. He/she shall transmit a copy of
his/her recommendation and records to the Office of the
Secretary within forty-eight (48) hours from the date of the
recommendation.
 

  ² Upon
(c) Police report or barangay certification from finding merit in the petition, the Secretary shall issue a
the locality where the child was found or a certification declaring the child legally available for adoption
certified copy of a tracing report issued by the within seven (7) working days from receipt of the
Philippine National Red Cross (PNRC), National recommendation.
Headquarters (NHQ), Social Service Division,
which states that despite due diligence, the Said certification, by itself shall be the sole basis for the
child's parents could not be found; and immediate issuance by the local civil registrar of a foundling
certificate. Within seven (7) working days, the local civil
(d) Returned registered mail to the last known registrar shall transmit the founding certificate to the National
address of the parent(s) or known relatives, if Statistic Office (NSO).
any.
 

 6  ² The decision of the Secretary shall be
(3) Birth certificate, if available; and appealable to the Court of Appeals within five (5) days from
receipt of the decision by the petitioner, otherwise the same
shall be final and executory.
(4) Recent photograph of the child and photograph of
the child upon abandonment or admission to the
agency or institution.  

 7_
 

  

       
 ² The certificate declaring a child legally available for
 

4

   
   ² The petition
adoption in case of an involuntarily committed child under
shall be filed in the regional office of the DSWD where the child
Article 141, paragraph 4(a) and Article 142 of Presidential
was found or abandoned.
Decree No. 603 shall be issued by the DSWD within three (3)
months following such involuntary commitment.

In case of voluntary commitment as contemplated in Article
154 of Presidential Decree No. 603, the certification declaring
the child legally available for adoption shall be issued by the
Secretary within three (3) months following the filing of the
Deed of Voluntary Commitment, as signed by the parent(s)
with the DSWD.

Ö
Upon effectivity of this Act and pending the completion of the
drafting of the implementing rules and regulations, petitions for
the issuance of a certification declaring a child legally
available for adoption may be filled with the regional office of
the DSWD where the child was found or abandoned.
 
    ² The penalty of One hundred thousand
Upon petition filed with the DSWD, the parent(s) or legal pesos (P100,000.00) to Two hundred thousand pesos
guardian who voluntarily committed a child may recover legal (P200,000.00) shall be imposed on any person, institution, or
custody and parental authority over him/her from the agency agency who shall place a child for adoption without the
or institution to which such child was voluntarily committed certification that the child is legally available for adoption
when it is shown to the satisfaction of the DSWD that the issued by the DSWD. Any agency or institution found violating
parent(s) or legal guardian is in a position to adequately any provision of this Act shall have its license to operate
provide for the needs of the child  
 , That, the petition revoked without prejudice to the criminal prosecution of its
for restoration is filed within (3) months after the signing of the officers and employees.
Deed of Voluntary Commitment.
Violation of any provision of this Act shall subject the
 

2 

 ² The certification that a child is legally government official or employee concerned to appropriate
available for adoption shall be issued by the DSWD in lieu of a administrative, civil and/or criminal sanctions, including
judicial order, thus making the entire process administrative in suspension and/or dismissal from the government service and
nature. forfeiture of benefits.

The certification, shall be, for all intents and purposes, the  
       ² Sections 2(c)(iii), 3(b), (e) and
primary evidence that the child is legally available in a 8(a) of Republic Act No. 8552, Section 3(f) of Republic Act No.
domestic adoption proceeding, as provided in Republic Act 8043, Chapter 1 of Title VII, and VIII of Presidential Decree No.
No. 8552 and in an inter-country adoption proceeding, as 603 and any law, presidential decree, executive order, letter of
provided in Republic Act No. 8043. instruction, administrative order, rule, or regulation contrary to
or inconsistent with the provisions of this Act are hereby
 
          ² The DSWD, repealed, modified or amended accordingly.
together with the Council for Welfare of Children, Inter-Country
Adoption Board, two (2) representatives from licensed or  
  @    ² If any provision of this Act is
accredited child-placing and child-caring agencies or held invalid or unconstitutional, the other provisions not
institution, National Statistics Office and Office of the Civil affected thereby shall remain valid and subsisting.
Registrar, is hereby tasked to draft the implementing rules and
regulations of this Act within sixty (60) days following its  
  ð

 ² This Act shall take effect fifteen (15)

complete publication. days following its complete publication in two (2) newspapers
of general circulation or in the 4
  .
 r

Approved,

(Sgd.) (Sgd.)

c'"c''&c*" 8$'""c%*"

Speaker of the House President of the Senate

This Act which is a consolidation of Senate Bill No. 2391 and

House Bill No. 10 was finally passed by the Senate and the
House of Representatives December 17, 2009.

(Sgd.) (Sgd.)

c%*0 1 1c$50 " *%c%'5c"0"

Secretary General Secretary of Senate
House of Representives

Approved  c 

(Sgd.) &*'c%&*5cc'0'